The enforcement of TRIPS-plus standards on Intellectual Property (IP) has become one of the most significant challenges for developing countries in recent years. This book is the first initiative linking IP enforcement and development, which fundamentally differs from the approach and perspective of developed countries.
The editors encourage developing countries to address the emerging challenges in IP enforcement initiatives at various international forums, and to devise appropriate national policies and legislation on IP enforcement, in accordance with international treaties. The book examines the trend towards increasing global IP enforcement, recent case law developments, abuse of IP enforcement procedures, and provides strategic considerations and recommendations for developing countries.
With an interdisciplinary approach Intellectual Property Enforcement will be a must-read for scholars, experts and students of international relations, government officials and negotiators and companies engaged in IP enforcement activities.
Edited by Xuan Li, Senior Policy Officer, Regional Office for Asia and the Pacific Food and Agriculture Organization of the United Nations (FAO) and Carlos M. Correa, Director, Centre for Interdisciplinary Studies on Industrial Property and Economics (CEIDIE), Law Faculty, University of Buenos Aires, Argentina and Special Advisor on Intellectual Property and Trade of the South Centre (Geneva)
Contents: Preface PART I: THE IP ENFORCEMENT DEBATE 1. The Changing Global Governance of Intellectual Property Enforcement: A New Challenge for Developing Countries Viviana Munoz Tellez 2. Ten General Misconceptions About the Enforcement of Intellectual Property Rights Xuan Li 3. Re-delineation of the Role of Stakeholders: IP Enforcement Beyond Exclusive Rights Henning Grosse Ruse-Khan 4. WCO SECURE: Legal and Economic Assessments of the TRIPS-plus-plus IP Enforcement Xuan Li PART II: CASES AND DEVELOPMENTS ON IP ENFORCEMENT 5. Enforcing Border Measures: Importation of GMO Soybean Meal from Argentina Carlos M. Correa 6. Flexible Application of Injunctive Relief in Intellectual Property Enforcement (with Reference to Lessons from the Emerging US Jurisprudence) Joshua D. Sarnoff 7. Enforcement for Development: Why Not an Agenda for the Developing World? Hong Xue PART III: STRATEGIC CONSIDERATIONS TO ADDRESS THE CHALLENGES 8. Dealing with Forum Shopping: Some Lessons from the SECURE Negotiations at the World Customs Organization Henrique Choer Moraes 9. Ensuring the Benefits of Intellectual Property Rights to Development: A Competition Policy Perspective Yusong Chen 10. Towards a Development Approach on IP Enforcement: Conclusions and Strategic Recommendations Xuan Li and Carlos M. Correa Bibliography Index